Glabach v. Sardelli
In Glabach v. Sardelli, 132 Vt. 490, 321 A.2d 1 (1974), the Court addressed the issue of whether the remedial provision of 24 V.S.A. 4470(a) is triggered when a board of adjustment renders its decision at a meeting but does not notify the appellant of its decision within the forty-five day period established by the statute. See 24 V.S.A. 4470(a).
The Court held that "only when both decision and notification are made within the forty-five day period is the judgment rendered." Glabach, 132 Vt. at 495, 321 A.2d at 5.
The Court held that the language of 24 V.S.A. 4470(a), a zoning statute, was mandatory, not directory. See id. at 495, 321 A.2d at 5.
The governing statute in Sardelli provided that, "if the board does not render its decision within the period prescribed by this chapter, the board shall be deemed to have rendered a decision in favor of the appellant and granted the relief requested by him on the last day of such period." 24 V.S.A. 4470(a).
Thus, the language of 24 V.S.A. 4470(a) expressly provided for a consequence for the board's failure to meet the statutory time limit.